Welcome to Time Capsule, Inc.’s(“Time Capsule” or “we” or “us”) Time Capsule service hosted on website at https://www.TryTimeCapsule.com (“Website” or “Site”). Please review the following terms and conditions concerning your use of and access to the Website. By accessing and/or using the Website, you agree to follow and be bound by these terms and conditions (“Terms”). If you do not agree with these Terms, you may not use the services associated with the Website.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
GENERAL PROVISIONS
Time Capsule provides Time Capsule, a living journal, that prompts and records users (hereafter “You”, “Your”, “User” or “Users”) to answer questions, tell stories, and share moments via audio and video recordings. At predetermined time selected by the User, the user submitted information may be shared with preselected third parties.
All user content is the sole responsibility of the user posting the information, whether the information is shared publicly or privately transmitted. Time Capsule reserves the right to review and delete any user content that Time Capsule, in its sole discretion, determines to violate the terms of use or is illegal, offensive, or violates and/or harms any third parties’ rights.
Content and Accuracy of Information: We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site.
Use of Service Content: All materials provided by the Site, including, but not limited to, information, images, graphics, logos, sounds, compilations, content and services (“Materials” or “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by Time Capsule, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). Time Capsule reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Materials and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of Time Capsule. Also, you may not “mirror” or “archive” any Content contained on the Service on any other server without Time Capsule’s prior express written permission.
You may not sublicense, assign or transfer any licenses granted by Time Capsule, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.
Users are being granted solely a limited, non-exclusive, non-transferrable, license to access the Site and view the Content through the Site. Except where expressly provided otherwise by Time Capsule, nothing on the Site shall be construed to confer any license or ownership right in or to the Materials, under any of Time Capsule’s intellectual property rights, whether by estoppel, implication, or otherwise.
Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications, regulations and statutes. It is the Users’ obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
SUBMISSIONS
Time Capsule takes your privacy and your personal data seriously. Other than our third party providers who assist us with providing services to you, we do not share, sell, or give your personal data to any third party and will only use your personal information in accordance with our Privacy Policy.
When you use our Site, you may upload, download, submit, or receive content including, but not limited to, dates, names, events, audio, videos, and images (collectively, “Submissions”) on our Site. You keep all the intellectual property rights to your Submissions. When you use the Site, you grant Time Capsule a worldwide license to use, host, store, modify, create derivative works (make changes so your Submissions work better on our Site), and publish, publicly perform, publicly display, distribute, and permit downloads of such Submission on your behalf according to your instructions.
You acknowledge that you are responsible for the Submissions that you provide on the CURAGO service, and that you, not CURAGO, have full responsibility for the Submissions, including their legality, reliability, and appropriateness, originality, and compliance with rights of privacy, publicity rights, and intellectual property laws including, but not limited to, copyrights and trademarks.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
Time Capsule reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Time Capsule site that violates these Terms and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any Time Capsule site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international laws. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, Time Capsule reserves the right to cancel or suspend your account. Furthermore, Time Capsule reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Time Capsule for improper purposes, or any purpose inconsistent with its business.
FEEDBACK
Except where expressly provided otherwise by Time Capsule, all comments, suggestions, information and data submitted to Time Capsule through, in association with or in regard to the Site (collectively, “Feedback”) shall be considered non-confidential and Time Capsule’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method Time Capsule sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Feedback to Time Capsule, you agree to assign to Time Capsule, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Feedback. You represent that you have the right to grant Time Capsule these rights. Time Capsule shall be free to use and/or disseminate such Feedback on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Feedback that you provide, and that you, not Time Capsule, have full responsibility for the Feedback, including their legality, reliability, appropriateness, originality and copyright.
INFORMATION FOR USERS
Account Creation. You are eligible to use the Site if you are the age of 18 or older. You are ineligible to use the Site if you have been suspended by Time Capsule or you are under the age of 18. By becoming a user of the Site, you represent and warrant that you have the right, authority and capacity to use the Site and to abide by these Terms. Your registration with the Site is for your sole use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.
In order to set up an account on the Site, Users will have to provide a User Name, password, active email address, and physical mailing address, all of which is subject to Time Capsule’s Privacy Policy. We may ask you for additional information relating to their family members. Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for Time Capsule to terminate the account and bar such users from making further access or use of the Service. You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.
Sharing Information. Users may share information with other users or invited individuals through the Site provided that the users and invited individuals establish an individual account with Time Capsule. Unless the user specifies he or she does not wish to participate, Time Capsule may track users’ use of the Site and suggest actions or activities to Users that match the individual’s use of the Site and/or browsing and selection history. Upon creation of an account, the default will be to allow Time Capsule to track your use of the Site. Also, Time Capsule may send text messages to User’s mobile numbers to verify a User account. By providing your mobile number, you expressly consent to Time Capsule sending you such verification text and other information texts. To change your account settings, please visit [INSERT LINK].
LINKS TO THIRD PARTY SITES
Our Site contain links or have references to websites controlled by parties other than Time Capsule. Time Capsule is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Time Capsule is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Time Capsule of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Time Capsule. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Time Capsule OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. Time Capsule warrants that it will provide the Service in a manner consistent with its business practices, as Time Capsule, in its sole and absolute discretion, deems fit.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Time Capsule, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, Time Capsule AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Time Capsule AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE website and the GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Time Capsule AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER Time Capsule NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. Time Capsule IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Time Capsule, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. Time Capsule EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
YOUR RESPONSIBILITIES
Users will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Site, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Time Capsule controls and operates the Site associated therewith.
NOTICES
Time Capsule may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in Time Capsule’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.
Furthermore, Time Capsule complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the Time Capsule designated agent via email at brandon@opus.flywheelstaging.comor via registered US mail sent return receipt to: DMCA Compliance Agent, Time Capsule, Inc., 8605 Santa Monica Blvd
PMB 88356
West Hollywood, California 90069-4109 USYou may give notice to Time Capsule at any time by letter sent by registered mail with return receipt to: Time Capsule, Inc., 8605 Santa Monica Blvd
PMB 88356
West Hollywood, California 90069-4109 US
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Time Capsule or its Third Party Providers in connection with the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at brandon@opus.flywheelstaging.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Time Capsule, Inc.
Attention: Notice of Dispute
8605 Santa Monica Blvd
PMB 88356
West Hollywood, California 90069-4109 US
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the services, or the Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term “Dispute” also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Costs
If you initiate an arbitration proceeding with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Governing Law & Exclusive Venue
Use of the Service and any claim relating to Time Capsule shall be governed by the laws of the State of California and litigated in the State of California. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Website from even if you are accessing the Website from outside of the United States of America.
These Terms (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Time Capsule reserves the right to change these Terms or policies relating to the Site at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms without the prior written approval of Time Capsule. Any purported assignment in violation of this section shall be void. Time Capsule reserves the right to use third party providers in the provision of the Site and/or Materials associated therewith. In the event of any litigation of any controversy or Dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or Dispute. Any and all rights not expressly granted herein are reserved by Time Capsule.
UNITED STATES ONLY
Unless otherwise specified, the Site is solely for use within the United States. We make no representation that the Site is appropriate or available for use in other locations. If you access the Site from locations other than the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for compliance with any applicable local laws.
If you have any questions regarding these terms or wish to contact us for any matter:
Email: legal@opus.flywheelstaging.com
